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The Rubinstein Law Firm

COVID-19 ANNOUNCEMENT: The Rubinstein Law Firm is dedicated to helping you with your legal needs during these challenging times. We can meet with you virtually (Skype, FaceTime, etc.), or by telephone.

Should you take a breath analysis test?

On Behalf of | Mar 14, 2022 | Criminal Law

When an officer pulls you over on suspicion of a DUI, what should you expect next? For many people, a blood alcohol content (BAC) test will quickly follow.

Though you might feel inclined to attempt turning down this test at first, this is far from the best idea. In fact, doing so actually has no benefit for you at all.

The purpose of implied consent laws

VeryWell Mind looks into the reasons to take a breath analysis test, which far outnumber the reasons to refuse one. First of all, implied consent laws make it so that you already agreed to the BAC tests the moment you used a public road.

Implied consent laws exist in situations where a reasonable person could have expected someone to give their consent, even if they do not have it in writing or verbally. In the case of driving, using public roads means you automatically consent to BAC tests that an officer might give if they think you are threatening the safety of others on the road via intoxicated driving.

Potential harsh penalties

Second, because of this, you could face harsh penalties simply by refusing to take this test. This includes a year of license suspension, which you will still face even if your DUI charges get dropped. And if they are not dropped and you end up convicted, you will have extended time in jail and additional fines.

Finally, most people refuse to take a BAC test because they think it will prevent them from getting arrested. However, you can still get arrested, and a judge can even view your refusal to take a test as a sign of guilt. Thus, there are no benefits to BAC test refusal in the end.

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